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Re: donotknowityet post# 2196

Thursday, 06/15/2006 12:06:23 AM

Thursday, June 15, 2006 12:06:23 AM

Post# of 6490
Yes I now understand your response; the issues of Federal Court jurisdiction are difficult to explain to a lay person; I had to go to law school and take a course in Federal Rules of Civil Procedure for a full year to understand the complex issue of a Federal Court's jurisdiction - so how can I explain this complex area of law with a few words?; in summation: CA has no jurisdiction over INSM because INSM is a citizen of Virginia and INSM does not have the business contacts with CA that would enable CA to decide a dispute between TRCA and INSM; The CA Federal Courts and all Federal Courts cannot decide any dispute between a citizen of the Court's state and a DEFENDANT citizen from another state UNLESS certain tests are met or UNLESS federal law is involved; TRCA tried to show INSM violated the Lanham Act, A FEDERAL LAW, to keep the case in California. But the Court decided that TRCA had not shown that INSM violated the Lanham Act, and that CA had no personal jurisdiction over INSM...because INSM was not doing business in CA. Hence TRCA's case was thrown out. TRCA now sues INSM in Virginia the proper forum and venue; jurisdiction is not at issue in Virginia, but the California decision will have an impact there in my view on the merits of TRCA's case. Lets not beat this horse to death. Thanks and I have great admiration for abharploonta...he explains it so well and I really learn from him; thanks